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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A40452 [The bleeding Iphigenia or An excellent preface of a work unfinished, published by the authors frind, [sic] with the reasons of publishing it.] French, Nicholas, 1604-1678. 1675 (1675) Wing F2177; ESTC R215791 32,472 106

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such things can not be otherways preserued Soe S. Thomas Now if such defense is lawfull for privat men how much more for a Common wealth or Nation Bonum enim commune excellentius universalius ac subendé Divinius est Bannez For that a Common good is more exellent more universal and somtymes more Devine then a private good And if it be lawfull to wage warre upon such inferiour motives as is the preservation or recovery of temporall goods honour and the like how much more lawfull is it to manage warre upon that supreme motive of defending and preseruing the Catholick faith without which there is noe Salvation This was the Iudgment the pious and valiant Machabees made of the warre they undertook and nobly persued for theire Religion and Laws which they preferd before theire wives and Children and all temporall things most deare unto them The Machabees being exhorted with the words of Iudas exceeding good c. they resolued to fight and to encounter manfully because the holy Citty and the Temple were in-danger For there was less care for theire wives and Children and alsoe for theire Bretheren and Kindsmen but the greatest and principall feare was for the Holiness of the Temple How farre a defensive warre may extend the Schoolmen tell us and say that by accident it may be somtyms lawfull for the Common wealth to doe and offer all such damages and Evill as may be done and offered in a just offensive warre Aliqnando saith Bannez contingere potest ut liceat illis inferre hostibus omnia illa mala que possunt in bello justo aggresivo It may happen somtymes to bee lawfull for those ingaded in a defensive warr to doe all Evills and Damages which can be offered or don in a just offensive warr Which happeneth when the agressors are publick Enemys and when there is noe recourse to the Prince and that those defending themselves can noe otherwise avoyd the violence offered by the Assailants This was truly the case of the confederate Catholicks as will clearly appeare to such as will be pleasd to examin it Moreover the case then stood soe with his Majesty that hee was not able to redress the injuries don us nor did our Enemys then obay his commaunds I mean a little after the warr begunn but the Parlament that fell from the King For the better and clearer understanding the nature of a defenfive warr those therin ingaged hould not themselves passively but actively soe doe the words repell or beat back signify if the end it be lawfull then are the necessary means to compasse that end alsoe lawfull if the defence of on 's selfe be lawfull then is the killing of the invader without which the life of the invaded cannot be preserued Lawfull soe as to kill is involued in the act of defence and the lawfullness of the one inferrs the lawfullness of the other Si vis saith the civill Law fiat personae tunc licitum est se defend●re defendendo percutere imo etiam occidere si aliter non potest quis evadere manus ejus If violence is don to a person it is then lawfnll for him to defend himselfe and defending himselfe to strick and alsoe to kill if hee cannot otherwise escape the hands of his Enemys Thus stood the case with the Irish Catholicks that they must have kill'd or have beene killed Yea soe great is the Iustice of a defensive warr that devines teach it is lawfull for the Sonne to defend himselfe against his Father the wife against her husband the servant against his Master the subjest against his Superiour and the vassall against his Prince or King Soe Azor Nempe Licitum esse Filio contra Patrem uxori contra Maritum subdito contra Superiorem vassallo contra Principem sive Regem se desendere If it be lawfull for the Subject or vassall in a just cause to defend himselfe against the Prince it must be lawfull to defend himselfe against his fellow subject Here I meet with an objection in which our adversarys put great force The Irish Catholicks say they were the first aggressors The objection is easily answered as thus It is a Common Doctrin of the Devines that it is lawfull to prevent an Evill that can not be otherways avoyded then by preventing it E. G. I see you take your pistoll in your hand cocking it to shoote at mee in that case it is lawfull for mee to discharge my pistoll and kill you otherwise I should be kill'd by you will any law punish mee for killing you soe would the Law of God or nature have mee stay my hand untill I am kill'd by you Tannerus a good Devine teacheth soe Licitum est etiam praevinire injustum aggressorem si alia via commodae defensiones non supetat is jam aliqualiter est in culpae sive in proposito aggressionis injustae versetur It is lawfull to prevent an uniust invader if there is noe other way of defence and that astually the invavader is in fault or in a purpose of an uniust invation Becanus doth declare examining this question an aliquando liceat invasorem praevenire illum occidere antequam nos actu invadat hee answers Licere in his casibus primo si accedat ad invadendum nec evadere possum nisi illum preveniam Secuudo si nondum accedat tamen instructus sit ad invadendum nec possum effugere nisi priveniam Whether somtyms it is lawfull for us to prevent the invader and kill him afore he actually invad's us hee answers that it is in these cases first if hee coms to invade mee and that I cannot escape but by preventing secondly if hee does not as yet invade mee but is ready and prepared for that invation and that I cannot avoyd him but by preventing in this case if I kill him I doe it me defendendo and consequently though I struck first I am the defender and hee the aggressor Sotus Navar Corduba Covar and many houlds this Doctrin and Navar gives this example of a Married man who has a dagger under his pillow to kill his wife withall which shee discovering and knowing may prevent by killing her husband if there is noe other remedy the reason is though actually hee has not done the execution however hee is in a radiness to perform it for which end hee kept her soe boulted up and inuironed as shee cannot otherwise escape This was truly the case of the confederate Catholicks at the beginning of the warr they were boulted up in an Iland as that woeman in the Chamber there was noe doore open for them then by preventing the Presbiterians blooddy designe if this they had not done there had beene an end of them all Richard Bealings Esquire to Vrbanus 8s from the body of the Irish Catholicks and the Lord Bishop of Fernes and Sir Nicholas Pluncket sent to Innocentius X. did not tell those Popes